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(영문) 서울중앙지방법원 2013.10.08 2013노2210

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on fact-finding) is that the Defendant, at the time of appeal, resisted against the fact that he did not have any intent to assault the victims, and did not assault the victims.

2. In light of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, the Defendant’s assertion is not acceptable, since it is sufficiently recognized that the Defendant committed an assault against the victims.

A. According to the CCTV video or CCTV screen, the defendant is recognized as having the face of the victim E with the floor of his/her hand when he/she faces the victim E, and in the face of the victim with plastics.

B. At the time of the investigation agency, the victim F made a concrete statement about the major issues of the instant crime, such as the reasons and circumstances leading up to the Defendant’s assault, the method of assault, and the subsequent circumstances, etc. The victim F made a statement to the same effect at the investigation agency. The statement is consistent and the contents of the statement are deemed to be sufficient to obtain the same, and E, a witness, made a statement

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.